2000 Legislation
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SENATE BILL NO. 1523, As Amended in the House – Domestic violence, minor, dating

SENATE BILL NO. 1523, As Amended in the House

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Daily Data Tracking History



S1523aaH.............................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to include domestic violence
against a minor child by a person with whom the minor child is having a
dating relationship within the purview of the section; to define dating
relationship; to specify that a custodial or noncustodial parent or
guardian of the minor child may file a petition for a protective order on
behalf of the minor child; and to provide legislative intent.
                                                                        
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to Jud
    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 34-1-0
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
      NAYS--Dunklin
      Absent and excused--None
    Floor Sponsor - Thorne
    Title apvd - to House
03/03    House intro - 1st rdg - to Jud
03/10    Rpt out - to Gen Ord
03/14    Rpt out amen - to 1st rdg as amen
03/15    1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Hornbeck, Tilman
    Floor Sponsors - Montgomery, Moss
    Title apvd - to Senate
03/22    Senate concurred in House amens - to engros
03/23    Rpt engros - 1st rdg - to 2nd rdg as amen
03/24    2nd rdg - to 3rd rdg as amen
03/27    3rd rdg as amen - PASSED - 35-0-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--None
    Floor Sponsor - Thorne
    Title apvd - to enrol
03/28    Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Governor
04/03    Governor signed
         Session Law Chapter 136
         Effective: 07/01/00

Bill Text


 S1523
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                       SENATE BILL NO. 1523, As Amended in the House
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC  VIOLENCE;  AMENDING  SECTION  39-6303,  IDAHO  CODE,  TO
  3        INCLUDE  DOMESTIC VIOLENCE AGAINST A MINOR CHILD BY A PERSON WITH WHOM THE
  4        MINOR CHILD IS HAVING A DATING RELATIONSHIP WITHIN THE PURVIEW OF THE SEC-
  5        TION AND TO DEFINE "DATING RELATIONSHIP"; AMENDING SECTION 39-6304,  IDAHO
  6        CODE,  TO  SPECIFY  THAT A CUSTODIAL OR NONCUSTODIAL PARENT OR GUARDIAN OF
  7        THE MINOR CHILD MAY FILE A PETITION FOR A PROTECTIVE ORDER  ON  BEHALF  OF
  8        THE  MINOR  CHILD  AND  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION
  9        16-1602, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECH-
 10        NICAL CORRECTIONS; AND PROVIDING LEGISLATIVE INTENT.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 39-6303, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        39-6303.  DEFINITIONS. (1) "Domestic violence" means  the physical injury,
 15    sexual abuse or forced imprisonment or threat thereof of a family or household
 16    member,  or  of a minor child by a person with whom the minor child has had or
 17    is having a dating relationship.
 18        (2)  "Dating relationship," for the purposes of this chapter,  is  defined
 19    as a social relationship of a romantic nature. Factors that the court may con-
 20    sider in making this determination include:
 21        (a)  The nature of the relationship;
 22        (b)  The length of time the relationship has existed;
 23        (c)  The frequency of interaction between the parties; and
 24        (d)  The time since termination of the relationship, if applicable.
 25        (3)  "Family  or  household member" means spouses, former spouses, persons
 26    related by blood or marriage, persons who reside or have resided together, and
 27    persons who have a child in common regardless of whether they have  been  mar-
 28    ried or have lived together at any time.
 29        (34)  "Family dwelling" is any premises in which the petitioner resides.
 30        (45)  "Judicial day" means any day upon which court business may be trans-
 31    acted as provided in sections 1-1606 and 1-1607, Idaho Code.
 32        (56)  "Protection  order"  means  any order issued for the purpose of pre-
 33    venting violent or threatening acts or acts of harassment against, or  contact
 34    or  communication  with,  or  physical proximity to, another person, where the
 35    order was issued:
 36        (a)  Pursuant to this chapter;
 37        (b)  In another jurisdiction pursuant to a provision  similar  to  section
 38        39-6306, Idaho Code; or
 39        (c)  In any criminal or civil action, as a temporary or final order (other
 40        than  a support or child custody order), and where the order was issued in
 41        a response to a criminal complaint, petition or  motion  filed  by  or  on
 42        behalf  of a person seeking protection, and issued after giving notice and
 43        an opportunity to respond to the person being restrained.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  That Section 39-6304, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        39-6304.  ACTION  FOR PROTECTION. (1) There shall exist an action known as
  4    a "petition for a protection order" in cases of domestic violence.
  5        (2)  A person may seek relief from domestic violence by filing a  petition
  6    based  on  a  sworn  affidavit  with  the magistrates division of the district
  7    court, alleging  that the person or a family or household member,  whether  an
  8    adult  or  a  child, is the victim of domestic violence. Any petition properly
  9    filed under this chapter may seek protection for any additional  persons  cov-
 10    ered  by this chapter. A custodial or noncustodial parent or guardian may file
 11    a petition on behalf of a minor child who is the victim of domestic violence.
 12        (3)  A person's right to petition for relief under this chapter shall  not
 13    be  affected  by that person's having left the residence or household to avoid
 14    abuse.
 15        (4)  The petition shall disclose the existence of any custody or any mari-
 16    tal annulment, dissolution or separation proceedings pending between the  par-
 17    ties,  the  existence of any other custody order affecting the children of the
 18    parties, and the existence of child protection or adoption proceedings affect-
 19    ing the children of any party.
 20        (5)  When the petitioner requests custody of any child, the petition shall
 21    disclose:
 22        (a)  The county and state where the child has resided for six  (6)  months
 23        immediately prior to the filing of the petition;
 24        (b)  The  party  or  other responsible person with whom the child is pres-
 25        ently residing; and
 26        (c)  The party or other responsible person with whom the child has resided
 27        for six (6) months immediately prior to the filing of the petition.
 28        (6)  A petition shall be filed in the county  of  the  respondent's  resi-
 29    dence,  the  petitioner's  residence,  or  where the petitioner is temporarily
 30    residing.
                                                                        
 31        SECTION 3.  That Section 16-1602, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        16-1602.  DEFINITIONS. For purposes of this chapter:
 34        (a)  "Abused" means any case in which a child has been the victim of:
 35        (1)  Conduct  or  omission resulting in skin bruising, bleeding, malnutri-
 36        tion, burns, fracture of any bone, subdural hematoma, soft  tissue  swell-
 37        ing, failure to thrive or death, and such condition or death is not justi-
 38        fiably  explained, or where the history given concerning such condition or
 39        death is at variance with the degree or type of such condition  or  death,
 40        or  the circumstances indicate that such condition or death may not be the
 41        product of an accidental occurrence; or
 42        (2)  Sexual conduct, including rape,  molestation,  incest,  prostitution,
 43        obscene or pornographic photographing, filming or depiction for commercial
 44        purposes, or other similar forms of sexual exploitation harming or threat-
 45        ening the child's health or welfare or mental injury to the child.
 46        (b)  "Abandoned"  means  the  failure  of  the parent to maintain a normal
 47    parental relationship with his child, including, but not limited  to,  reason-
 48    able  support  or regular personal contact. Failure to maintain this relation-
 49    ship without just cause for a period of one (1) year  shall  constitute  prima
 50    facie evidence of abandonment.
 51        (c)  "Adjudicatory  hearing" means a hearing to determine the truth of the
 52    allegations in the petition filed under this chapter.
                                                                        
                                           3
                                                                        
  1        (d)  "Authorized agency" means the department, a local agency,  a  person,
  2    an  organization,  corporation,  benevolent society or association licensed or
  3    approved by the department or the court to receive children for control, care,
  4    maintenance or placement.
  5        (e)  "Child" means an individual who is under the  age  of  eighteen  (18)
  6    years.
  7        (f)  "Child  advocate  coordinator"  means  a  person  or entity receiving
  8    moneys from the grant administrator for the purpose of carrying out any of the
  9    duties as set forth in section 16-1630, Idaho Code.
 10        (g)  "Circumstances of the child" includes, but is  not  limited  to,  the
 11    joint legal custody or joint physical custody of the child.
 12        (h)  "Commit" means to transfer legal and physical custody.
 13        (i)  "Court"  means district court or magistrate's division thereof, or if
 14    the context requires, a magistrate or judge thereof.
 15        (j)  "Custodian" means a person, other than a parent or legal guardian, to
 16    whom legal or joint legal custody of the child has been given by  court  order
 17    or who is acting in loco parentis.
 18        (k)  "Department"  means  the  department  of  health  and welfare and its
 19    authorized representatives.
 20        (l)  "Disposition hearing" means a hearing to determine whether  the  best
 21    interests of the child require protective supervision or vesting legal custody
 22    of the child in an authorized agency.
 23        (m)  "Family  or  household member" shall have the same meaning as in sec-
 24    tion 39-6303(23), Idaho Code.
 25        (n)  "Grant administrator" means any such organization or agency as may be
 26    designated by the supreme court from time to time to administer funds from the
 27    guardian ad litem account in accordance with the provisions of this chapter.
 28        (o)  "Guardian ad litem" means a person appointed by the court pursuant to
 29    a guardian ad litem volunteer program to act as special advocate for  a  child
 30    under this chapter.
 31        (p)  "Guardian  ad  litem program" means the program to recruit, train and
 32    coordinate volunteer persons to  serve  as  guardians  ad  litem  for  abused,
 33    neglected or abandoned children.
 34        (q)  "Law  enforcement  agency" means a city police department, the prose-
 35    cuting attorney of any county, state law enforcement officers, or  the  office
 36    of a sheriff of any county.
 37        (r)  "Legal  custody"  means a relationship created by order of the court,
 38    which vests in a custodian the following duties and rights:
 39        (1)  To have physical custody and control of the child, and  to  determine
 40        where and with whom the child shall live.
 41        (2)  To  supply  the  child  with  food,  clothing, shelter and incidental
 42        necessities.
 43        (3)  To provide the child with care, education and discipline.
 44        (4)  To authorize ordinary medical, dental, psychiatric, psychological, or
 45        other remedial care and treatment for the child, including care and treat-
 46        ment in a facility with a program of services for children; and to  autho-
 47        rize  surgery  if  the surgery is deemed by two (2) physicians licensed to
 48        practice in this state to be necessary for the child.
 49        (5)  Where the parents share legal custody, the custodian  may  be  vested
 50        with the custody previously held by either or both parents.
 51        (s)  "Mental injury" means a substantial impairment in the intellectual or
 52    psychological  ability of a child to function within a normal range of perfor-
 53    mance and/or behavior, for short or long terms.
 54        (t)  "Neglected" means a child:
 55        (1)  Who is without proper parental care and control, or subsistence, edu-
                                                                        
                                           4
                                                                        
  1        cation, medical or other care or  control  necessary  for  his  well-being
  2        because  of the conduct or omission of his parents, guardian or other cus-
  3        todian or their neglect or refusal to provide them; provided, however,  no
  4        child whose parent or guardian chooses for such child treatment by prayers
  5        through  spiritual  means  alone  in  lieu  of medical treatment, shall be
  6        deemed for that reason alone to be neglected or lack parental care  neces-
  7        sary  for  his health and well-being, but further provided this subsection
  8        shall not prevent the court from acting pursuant to section 16-1616, Idaho
  9        Code; or
 10        (2)  Whose parents, guardian or other custodian are  unable  to  discharge
 11        their responsibilities to and for the child because of incarceration, hos-
 12        pitalization, or other physical or mental incapacity; or
 13        (3)  Who has been placed for care or adoption in violation of law.
 14        (u)  "Protective  order"  means  an  order  created  by the court granting
 15    relief as delineated in section 39-6306, Idaho Code, and shall be for a period
 16    not to exceed three (3) months unless otherwise stated herein. Failure to com-
 17    ply with the order shall be a misdemeanor.
 18        (v)  "Protective supervision" means a legal status created by court  order
 19    in  neglect  and  abuse  cases whereby the child is permitted to remain in his
 20    home under supervision by the department.
 21        (w)  "Residual parental rights and responsibilities"  means  those  rights
 22    and  responsibilities  remaining  with the parents after the transfer of legal
 23    custody, including, but not necessarily limited to, the right  of  visitation,
 24    consent  to  adoption, the right to determine religious affiliation, the right
 25    to family counseling when beneficial, and the responsibility for support.
 26        (x)  "Shelter care" means places designated by the department  for  tempo-
 27    rary care of children pending court disposition or placement.
                                                                        
 28        SECTION  4.  In enacting this legislation it is the intent of the Legisla-
 29    ture to recognize the rights of parents to provide protection for their  minor
 30    children. No other intent is expressed or implied.

Amendment


 AS1523
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Gould               
                                                                        
                                                     Seconded by Moss                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENTS TO S.B. NO. 1523
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 16, delete "of the  opposite  sex";
  3    delete lines 18 through 21 and insert:
  4        "(2)  "Dating  relationship," for the purposes of this chapter, is defined
  5    as a social relationship of a romantic nature. Factors that the court may con-
  6    sider in making this determination include:
  7        (a)  The nature of the relationship;
  8        (b)  The length of time the relationship has existed;
  9        (c)  The frequency of interaction between the parties; and
 10        (d)  The time since termination of the relationship, if applicable.".
                                                                        
 11                                AMENDMENT TO THE BILL
 12        On page 4, following line 24, insert:
 13        "SECTION 4.  In enacting this legislation it is the intent of the Legisla-
 14    ture to recognize the rights of parents to provide protection for their  minor
 15    children. No other intent is expressed or implied.".
                                                                        
 16                                 CORRECTIONS TO TITLE
 17        On  page  1,  in line 3, delete "OF THE OPPO-" and in line 4, delete "SITE
 18    SEX; in line 8,  following  ";"  delete  "AND";  and  in  line  10,  following
 19    "CORRECTIONS" insert: "; AND PROVIDING LEGISLATIVE INTENT".

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS10193 
     
     This legislation relating to domestic violence; amending section 39-6303, Idaho
     Code, to include domestic violence against a minor child by a person of the
     opposite sex with whom the minor child is having a dating relationship within the
     purview of the section and to define "dating relationship"; amending section
     39-6304, Idaho code, to specify that a custodial or noncustodial parent or guardian
     of the minor child may file a petition for a protective order on behalf of the minor
     child and to make technical corrections; and amending section 16-1602, Idaho
     code, to provide a correct code reference and to make technical corrections. 
     
     
     
     
                     FISCAL NOTE
     
     There is no impact to the general fund. 
     
     
     
     
     
     
     
     CONTACT: Senator Robbi King-Barrutia 332-1347
     
     
     
      
                                                       STATEMENT OF PURPOSE/ FISCAL NOTE                 S 1523